Island ordinance containing the establishment of minimum requirements for day care services (Island Ordinance on day care for children)

Geldend van 10-10-2010 t/m heden

Intitulé

Island ordinance containing the establishment of minimum requirements for day care services (Island Ordinance on day care for children)

Chapter I General stipulations

Article 1

The following is understood in this island Ordinance and the resulting stipulations:

  • a.

    day care for children: care, education and guidance in an organized setting and against payment, of at least five children ranging from the age of four weeks until the moment they can enter the School of Foundation Based Education;

  • b.

    day care center: the location in which the day care will be offered;

  • c.

    management: the person or persons charged with the day to day operations;

  • d.

    license: a natural or legal entity in possession of a licensee as meant in article 4;

  • e.

    care giver: a person working in the day care center charged with independently caring for, educating and guiding children;

  • f.

    Quality Committee: the quality committee for day care for children, mentioned in article 2, first paragraph;

Article 2

  • 1.

    The Executive Council installed a Quality Committee for day care for children, which is charged with the execution and the supervision of the adherence to this ordinance and the stipulations based thereon.

  • 2.

    In an island resolution entailing general measures, detailed regulations will be worked out with regard to the working activities for the Quality Committee.

Chapter II License

Article 3

It is forbidden to offer day care for children without the necessary license.

Article 4

  • 1.

    The request for a license is submitted in writing to the Executive Council.

  • 2.

    If applicable, the request will also ask for exemption of offering childcare from 19:00 hours to 06:00 hours.

  • 3.

    The petitioner must pay stamp duty, as established by virtue of an island ordinance, for the processing of the request and which payment must be made with the submission of the request.

Article 5

  • 1.

    The request for a license must obtain all the information necessary for evaluation and must include, in any case:

    • a.

      if the petitioner is a natural person: the name, address and date of birth;

    • b.

      if the petitioner is a corporate entity: the names addresses and dates of birth of all board members and a copy of the articles of incorporation;

    • c.

      names and addresses and birth dates of the management;

    • d.

      proof of registration, and in as far as is applicable, a copy of the residence permit of the petitioner, the management and caregivers;

    • e.

      investigation into the conduct no older than two months of the petitioner and the management;

    • f.

      proof of professional competence of the board of directors, as established in an island resolution containing general measures;

    • g.

      the amount of children for which day care for children is offered per day or part of a day;

    • h.

      the amount of care givers who will be working per day;

    • i.

      the opening and closing time of the day care center;

    • j.

      a copy of liability, accident and fire insurance’s;

    • k.

      the activities program;

    • l.

      a draft placement agreement;

    • m.

      house rules;

    • n.

      the emergency-evacuation plan;

    • o.

      address or intended location of the day care center;

    • p.

      a blue print scale 1:500 with a description of the location and the lay-out of the intended day care center;

    • q.

      the method of water provision to and the removal of sewage water from the day care center;

    • r.

      proof of payment of stamp duties.

  • 2.

    If the request does not contain the information given in the former section, the petitioner will be given a period of two weeks in order to remedy the situation.

  • 3.

    if the time period given in the former section passes unused, then the petitioner will be informed in writing that the request can not be

    processed.

Article 6

  • 1.

    The Executive council will request the advice of the Quality Committee within one week after having received a petition.

  • 2.

    The Quality Committee will start an investigation to see if the intended day care for children will be able to process in accordance with or by virtue of the stipulations given in this ordinance.

  • 3.

    When conducting the investigation special attention will be given in to the findings of the Fire Department and the Inspection Section of the Department of Environmental Development and Property management regarding the safety aspects and the technical construction aspects of a day care center.

  • 4.

    The petitioner provides the information requested by the Quality Committee.

Article 7

  • 1.

    The Quality Committee will make up its advice based on the investigation reports.

  • 2.

    The Quality Committee will give its motivated advice to the Executive Council within four weeks after receiving a completed request.

  • 3.

    The period of time mentioned in the former section may be extended once, only with a maximum of four weeks.

Article 8

1.The Executive Council decides on the request within four weeks after receipt of the advice of the Quality Committee.

2. If the decision taken by the Executive Council differs from the advice given by the Quality Committee, the reasons therefore will be given and motivated in the decision.

Article 9

  • 1.

    The Executive Council may reject a request in a motivated decision if:

    • a.

      the investigation into the conduct of the person or the management gives reasons therefore;

    • b.

      If the management does not meet the established criteria of professional competence.

    • c.

      The activities program does not give sufficient guarantees for the development of the children.

    • d.

      If the petitioner is not willing to provide the requested information.

    • e.

      If there is a well-founded fear that the intended day care for children will not be able to perform in accordance with the obligations established in or by virtue of this ordinance.

Article 10

  • 1.

    Conditions, restrictions, or an exemption may be attached to a license.

  • 2.

    A license is given for a period of 5 years.

  • 3.

    A license is not transferable.

  • 4.

    In any case, a license will mention the following;

    • a.

      the name and address of the licensee, if the latter is a corporate entity, also the names and addresses of the board members;

    • b.

      name and addresses of the management;

    • c.

      the address of the day care center;

    • d.

      the maximum amount of children for whom day care services are offered;

    • e.

      if an exemption as mentioned in article 5, second section, was granted.

Article 11

  • 1.

    The Executive Council may receive a license upon request.

  • 2.

    The request for a revision of a license will be submitted in writing to the Executive Council and will mention the reason for the revision and the result thereof for the day care children.

Article 12

  • 1.

    The Executive Council may retract a license, if after one year after its issuance, it is not being used.

  • 2.

    The Executive Council, having heard the Quality Committee, may officially change or retract a license if, at the time of the request, incorrect or incomplete information was given, or if action undertaken which are contrary to the obligations, stipulated in or by virtue of this ordinance.

  • 3.

    The licensee will be informed in writing if his license is officially changed or retracted.

  • 4.

    The license will not be officially changed or retracted before the licensee has had an opportunity to be heard.

Chapter III General conditions

Article 13

  • 1.

    The management and the caregivers must comply with the professional competence mentioned in an island resolution, containing general measures.

  • 2.

    Day care for children will be given in accordance with an educationally responsible activities program, which stimulates the children in all areas.

  • 3.

    Day care for children will be provided for a maximum of one hundred children per day care center.

  • 4.

    Except in cases where exemption is granted by the Executive Council meant in article 4, second paragraph, a day care center will open no earlier than 06:00 hours and will close no later than 19:00 hours.

  • 5.

    A child may not spend more than twelve hours in a day care center.

Article 14

  • 1.

    The license will be hung in a place in the day care center where it is visible for everyone.

  • 2.

    A licensee informs parents/guardians beforehand concerning intended changes in the operation of the day care center or in the manner of taking care.

  • 3.

    The management informs parents/guardians in writing, who wish to place a child in a day care center regarding:

    • a.

      the placement agreement;

    • b.

      the activities program;

    • c.

      the house rules;

    • d.

      the meals and snack given to the children;

    • e.

      the manners in which complains and participation are dealt with and how contact will be maintained with the parents/care takers;

    • f.

      the procedure in emergency cases

  • 4.

    With the stipulations in the first paragraph remaining valid, the management will provide the parents/guardians all requested information regarding paragraph 3.

Article 15

  • 1.

    The management will contact the institution appointed by the Executive Council by island resolution containing general measures, if, during the day care the suspicion is raised that:

    • a.

      a child is being abused;

    • b.

      a child or member of personnel is suffering from a contagious disease.

  • 2.

    The management will seek advice from the mentioned institution on care for:

    • a.

      a child with a handicap, or suspicion of a handicap;

    • b.

      a non-vaccinated child.

Article 16

In a island resolution containing general measures, rules and regulations will be given with regard to the furnishing of a day care center, hygiene and feeding of the children and the composition of an activity program.

Article 17

  • 1.

    The licensee will establish an emergency evaluation plan in accordance with the model emergency evacuation plan provided by the Executive Council.

  • 2.

    The management will see to it that an emergency evacuation drill takes place regularly, in any case, at least once a year.

  • 3.

    During the day care hours, the day care center must be available by phone at all times.

  • 4.

    The telephone numbers of the emergency services must be posted clearly by each phone in a day care center.

Chapter IV Supervision

Article 18

  • 1.

    While article 2 remains in effect, other civil servants may be appointed by the Executive Council to be in charge of the supervision on the adherence to this ordinance and the stipulations resulting from it.

  • 2.

    The supervisor while executing his task, will wear an identification badge issued by the Executive Council and will show immediately upon request.

Article 19

  • 1.

    The supervisor is authorized:

    • a.

      to enter a day care center, if necessary with the strong arm of the Law, and to take with him the necessary appliances;

    • b.

      when entering the premises, to be accompanied by persons appointed thereto by him;

    • c.

      to search the day care center and the products used for care giving, to take away said products and to take samples of them;

    • d.

      to give guidelines to a licensee;

    • e.

      to order to see the books of the center, corporate documents and other data and to make copies of such or take them with him for a short period of time, against proof of receipt.

  • 2.

    If a day care center is established partly or completely in a home, then title X of the Third Book of Panel Code [beoeld zalzijn: Penal Code] is applicable respectively, excluding article 155. Fourth paragraph, article 156, second paragraph, article 157, second and third paragraph, article 158, first paragraph, last phrase, and article 160, first paragraph. This refers to entering a home without express approval of the inhabitant, with the understanding that he authorization is issued by the Lieutenant Governor.

Article 20

  • 1.

    Everyone is obliged to give the supervisor full co-operation, when such is requested, on the grounds of article 19.

  • 2.

    When performing his task, the supervisor will pay special attention to the appearance and behavior of the children.

Chapter V Sanctions

Article 21

  • 1.

    The Executive Council can act at the expense of the Licensee, against actions, or holdings or omission of action by the licensee, which is contrary to the obligations according to or by virtue of this ordinance.

  • 2.

    The intention to act as mentioned in the first paragraph, will be informed to the licensee in writing with mention of the rules and regulations which have been, or are being infringed upon, and a reasonable period of time in which the licensee can avoid the execution of the acts by the administration.

Article 22

  • 1.

    In emergency situations, and for a maximum of two weeks, the Executive Council may order the closure of a day care center.

  • 2.

    At the time of closure, the Licensee will be informed in writing of the reason for said closure and the duration thereof.

Article 23

  • 1.

    At the closure of a day care center, the Executive Council will ask the advice of the Quality Committee with regard to the retraction of or changes to a license on the grounds mentioned in article 13, paragraph 2.

  • 2.

    The Quality Committee will send its duly motivated advice to the Executive Council at latest a week after the request thereof was received by said committee.

Article 24

  • 1.

    Infringement of article 21, first paragraph, is punishable by incarceration of at most one month or a monetary fine of at most one thousand guilders.

  • 2.

    The purposeful hindrance of the supervisor in performing his tasks is punishable by incarceration of at most one month or a money fine of at most one thousand guilders.

  • 3.

    Infringement of articles 4 and 14, fourth paragraph, is punishable by incarceration of at most one month or a monetary fine of at most five thousand guilders and the publication of the legal judgment.

  • 4.

    The punishable acts mentioned in this article are misdemeanors.

Chapter VI Legal Protection

Article 25

  • 1.

    Within six weeks of the sending or the issuance of a decision taken on the basis of this ordinance, the person concerned can object to it by the Executive Council.

  • 2.

    The Executive Council then takes a motivated decision at latest ten weeks after receipt of the objections.

  • 3.

    The person concerned will be informed in writing of the decision on the objections.

Chapter VII Transitional and final stipulations

Article 26

  • 1.

    For a period of two years after this ordinance goes into effect, the prohibition mentioned in article 4 will not be valid for those persons who already offer day care for children at the time this ordinance goes into effect.

  • 2.

    Those who are not obligated to have a license on the grounds of article 4, will register with the Executive Council within a month after this ordinance goes into effect and will be put on a list which will be maintained by or on behalf of the Executive Council.

  • 3.

    An island resolution containing general measures will contain further rules and regulations with regard to the manner of registration.

Article 27

  • 1.

    During the period mentioned in article 26, first paragraph, the articles 19, 20 and 21 are applicable respectively with the understanding that in place of the “licensee” is read “reported entity”.

  • 2.

    The Committee will set up a plan of action, together with the reported entity.

  • 3.

    The following will established in the plan of action:

    • a.

      the need for training and re-schooling;

    • b.

      the necessary adaptations of a day care center, listed according to urgency;

    • c.

      the necessary changes in the operation of a day care center;

    • d.

      the time-frame in which the reported entity can fulfill the obligations mentioned in this ordinance and the resulting stipulations.

Article 28

The Retributieverordening Saba (Ab. 1987 No. 3) will be amended as follows:

The fee for processing of a request for a license for offering day care for children amounts to Nafl. 500,-

Article 29

This ordinance goes into effect on the day after its promulgation.

Article 30

This ordinance will be known as the island Ordinance for day care for children.